Quote:
Originally Posted by Venus
Thanks for replying! 
My mother has already received her green card about 3-4 years ago. I am filing this green card application based on marriage to a U.S. Citizen. Why do I need to prove my mothers presence for 245(I)? I'm using the form directly as a grandfathered derivative beneficiary?
"To qualify for 245(i), a petition (I-130, I-360, I-526, or labor certification) must have been filed on behalf of the beneficiary on or before April 30, 2001, and the beneficiary must have been physically present in the United States on December 21, 2000. This physical presence requirement is waived for those whose petition was filed on or before January 14, 1998 or who are derivative beneficiaries. The petition must have been “approvable” at the time of filing.
The BIA confirmed the long-standing USCIS policy that both principal and derivative grandfathered aliens are independently eligible to apply for section 245(i) adjustment of status and either may be the principal adjustment applicant under that section. The regulations define “grandfathered” as “an alien who is the beneficiary (including a spouse or child of the alien beneficiary if eligible to receive a visa under section 203(d) of the Act)” of a qualifying visa petition or labor certification that was filed on or before April 30, 2001.” 8 CFR § 1245.10(a)(1)(i)."
Link: https://cliniclegal.org/resources/ar...ust-under-245i |
Has to do with another ruling in Matter of Ilic, 25 I&N Dec. 717 (BIA 2012):
For an alien to independently qualify for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), as a derivative grandfathered alien,
the principal beneficiary of the qualifying visa petition must satisfy the requirements for grandfathering, including the physical presence requirement of section 245(i)(1)(C) of the Act, if applicable.
Basically in order to qualify for 245(i) the principal must meet the physical presence, not the derivative. There was another precedent before this, however this ruling just affirmed it. So in this case your mother must've been in US on December 21st 2000. Your physical presence in irrelevant.